The California Supreme Court will decide whether, in response to a construction defect action brought by a condominium homeowners association, the developer can compel binding arbitration of the litigation pursuant to an arbitration provision in the CC&R’s.
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Homeowners’ Association Complies With Solar Rights Act When It Reasonably Denies The Installation Of Solar Panels At Residence In the Development
In Tesoro del Valle Master Homeowners Assn. v. Griffin (October 3, 2011, B222531) ___ Cal.App.___, the Court of Appeal for the Second Appellate District affirmed a judgment following a jury verdict that found that a homeowners’ association (“HOA”) complied with the California Solar Rights Act (Civ. Code, § 714), even though the HOA denied the application of property owners to install solar panels on a slope adjacent to their residence in the development.
Continue Reading Homeowners’ Association Complies With Solar Rights Act When It Reasonably Denies The Installation Of Solar Panels At Residence In the Development
No Matter How Compelling a Story, a Medical Marijuana Patient Lacks Standing to Sue City
According to the appellate court in this case, “an individual medical marijuana patient is not the proper party to challenge generally applicable zoning provisions because – whatever the contours of the right to engage in cooperate or collective medical marijuana activity (see e.g., § 11362.775) – the Legislature invested this right in cooperative and collective groups and entities, not individuals.” Therefore, the plaintiff had no standing to bring an action against the city.
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In Legal War Between Brothers Over An Implied Easement For Well Water, The Court Mandates … Sharing
In Thorstrom v. Thorstrom (2011) 196 Cal.App.4th 1406, the Court of Appeal for the First Appellate District applied the doctrine of implied easements and held that the water from a well dug by a mother on one of her two parcels of neighboring property, should be shared by her sons after the mother died and her sons took separate possession of the parcels.
Continue Reading In Legal War Between Brothers Over An Implied Easement For Well Water, The Court Mandates … Sharing
The Prevailing Winds of Prevailing Wage
A rent credit against minimum rent payments in a ground lease may trigger the state prevailing wage laws.
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California Supreme Court Decides Class Action Permitted Under Government Claims Act
The California Supreme Court held that class actions for tax refunds against a local governmental entity are permissible under section 910 of the Government Code (i.e., Government Claims Act) in the absence of a specific statutory tax refund procedure.
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Sacramento Bee announces Abbott & Kindermann’s Motherlode Wineries & Vineyards seminar.
Read more: http://www.sacbee.com/2011/11/02/4022689/wine-buzz-seminars-for-budding.html#ixzz1cYzQsIJb
For more information, agenda and registration click here.
Failure Of City To Comply With Its Charter, Zoning Code and the Topanga Case, Requires Reconsideration And Proper Findings For Use Permit And Variances
What happens when a city fails to comply with the provisions of its charter and zoning code and fails to make the proper findings under the Topanga case in granting a conditional use permit and variance? The city has to rehear the matter and make the proper findings based on substantial evidence before it.
Continue Reading Failure Of City To Comply With Its Charter, Zoning Code and the Topanga Case, Requires Reconsideration And Proper Findings For Use Permit And Variances
Coastal Commission Has Appellate Jurisdiction Over A Project That Needs Subdivision Approval, Even If The Project’s Use Complies With The Local Coastal Plan
Under Public Resources Code section 30603, subdivision (a)(4), the California Coastal Commission has appellate jurisdiction over a project within the coastal zone that needs subdivision approval, even if the project involves the construction of a principal permitted use under the local coastal plan.
Continue Reading Coastal Commission Has Appellate Jurisdiction Over A Project That Needs Subdivision Approval, Even If The Project’s Use Complies With The Local Coastal Plan
Court Recognizes That A Property Owner May Be Able To Wield A “Sword” To Establish A Right To Maintain An Encroachment On Neighboring Property.
It was previously thought that the doctrine of “equitable easements” (also known as “relative hardship”) could only be invoked by a property owner as a ‘shield’ to defend against an injunction sought by a neighbor requiring the removal of an unlawful encroachment maintained by the owner on the neighbor’s property. However, in Tashakori v. Lakis (2011) 196 Cal.App.4th 1003, rev. denied, 2011 Cal. LEXIS 9814, the Court of Appeal for the Second Appellate District held that a trial court did not abuse its discretion, under a cause of action for declaratory relief, in creating an equitable easement for plaintiff property owners for ingress and egress over a driveway on defendants’ neighboring property. That case essentially opens the door for plaintiffs to use the doctrine of equitable easements as a ‘sword’ to obtain an order to maintain the encroachment.
Continue Reading Court Recognizes That A Property Owner May Be Able To Wield A “Sword” To Establish A Right To Maintain An Encroachment On Neighboring Property.